§ 1107 — Sales locations

Consumer fireworks shall be sold only from facilities which are licensed by the Department of Agriculture and that meet the following criteria:

(1) The facility shall comply with the provisions of the act of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania Construction Code Act.

(2) The facility shall be a stand-alone, permanent structure.

(3) Storage areas shall be separated from wholesale or retail sales areas to which a purchaser may be admitted by appropriately rated fire separation.

(4) For a facility issued a license under section 1108(a) (relating to fees, granting of licenses and inspections), the facility shall be located no closer than 300 feet from a facility selling or dispensing gasoline, propane or other flammable products.

(5) For a facility issued a license under section 1108(a), the facility shall be located at least 2,500 feet from another facility licensed to sell consumer fireworks.

(6) The facility shall have a monitored burglar and fire alarm system.

(7) Quarterly fire drills and preplanning meetings shall be conducted as required by the primary fire department.

(8) (Reserved).

(9) The sale of consumer fireworks may be conducted through online, mail-order or other transaction, but delivery of consumer fireworks to a purchaser shall take place at a facility licensed under section 1108 and the sale shall be subject to the provisions of section 1112 (relating to consumer fireworks tax).

Legislative History

(Nov. 1, 2023, P.L.159, No.23, eff. imd.) 2023 Amendment.Act 23 amended par. (8). Cross References.Section 1107 is referred to in sections 1102, 1108 of this title.